Justice Minister Owen Bonnici said amendments to the criminal code would make the judicial system more efficient. Photo: Jason BorgJustice Minister Owen Bonnici said amendments to the criminal code would make the judicial system more efficient. Photo: Jason Borg

Court cases which carry a prison sentence of up to six months can be heard in absentia if the accused does not turn up in court for no valid reason, according to amendments to the Criminal Code approved by Parliament.

However this system will only be introduced once an efficient IT system is in place to ensure that all parties are notified in due time about the court hearing.

Justice Minister Owen Bonnici yesterday downplayed fears that the system would lead to a “miscarriage of justice”, saying that it was already being implemented successfully in local tribunals. A number of safeguards would be in place to ensure that this would not happen.

Dr Bonnici said the system would be piloted for cases heard in front of Magistrate Francesco Depasquale, where the new IT system would be installed.

“This will eliminate the current system in which all witnesses are summoned at 9am regardless of the time of their sitting. There will be staggered times to make the system more efficient.”

The Minister for Justice will be vested with the authority to issue regulations on the court notification system.

Dr Bonnici was addressing a news conference at the Committee Rooms in the Parliament building, at which he lauded the Opposition for its “constructive approach” throughout the parliamentary debate.

The amendments are now awaiting the formal approval of the President before becoming law. Dr Bonnici was flanked by Franco Debono, in his role as government consultant on the justice reform.

Among the other changes approved by Parliament is that a court may order people on suspended sentences of more than six months to do community service.

In the case of prison sentences, the maximum duration short of a life term has been raised to 40 years. In addition, people under a suspended sentence will be liable for prosecution and will be considered as having relapsed in the eyes of the law if they commit a crime while abroad.

The amendments will also impose penalties for public officials involved in groups promoting racial hatred.

Stalking and harassment in various forms, including via the internet, has become a crime.

Penalties for persons guilty of vandalising monuments or public places have been raised. However, first time-offences which do not carry a fine of more than €200 will no longer be listed in one’s criminal record.

Dr Bonnici also referred to amendments regarding the discretion of the Attorney General when deciding which court would hear cases related to drugs.

The changes were made in the wake of a number of legal challenges in Maltese courts as well as in the European Court of Justice.

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